Section
General Provisions
153.01 Statutory authorization
153.02 Findings of fact
153.03 Statement of purpose
153.04 Objectives
153.05 Definitions
153.06 Lands to which this chapter applies
153.07 Basis for establishing regulatory flood data
153.08 Establishment of floodplain development permit
153.09 Compliance
153.10 Abrogation and greater restrictions
153.11 Discrepancy between mapped floodplain and actual ground elevations
153.12 Interpretation
153.13 Warning and disclaimer of liability
Administration
153.20 Designation of Administrator
153.21 Permit procedures
153.22 Duties and responsibilities of the Floodplain Administrator
Provisions for Flood Hazard Reduction
153.30 General standards
153.31 Specific standards
153.32 Standards for subdivision proposals
153.33 Critical facility
153.34 Standards for identified floodways
153.35 Standards for identified fringe
153.36 Standards for SFHA’s without established base flood elevation and/or floodways/fringes
153.37 Standards for flood prone areas
Variance Procedures
153.45 Designation of Variance and Appeals Board
153.46 Duties of Variance and Appeal Board
153.47 Variance procedures
153.48 Conditions for variances
153.49 Variance notification
153.50 Historic structure
153.51 Special conditions
153.99 Penalty
GENERAL PROVISIONS
The Indiana Legislature has in I.C. 36-7-4 granted the power to local government units to control land use within their jurisdictions. Therefore, the Common Council of the City of Rochester does hereby adopt the following floodplain management regulations.
(Ord. 04-2008, passed 6-24-08; Am. Ord. 02-2012, passed 4-24-12; Am. Ord. 07-2016, passed 8-23-16)
(A) The flood hazard areas of city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(B) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, inadequately floodproofed, or otherwise unprotected from flood damages.
(Ord. 04-2008, passed 6-24-08; Am. Ord. 02-2012, passed 4-24-12; Am. Ord. 07-2016, passed 8-23-16)
It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(A) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities.
(B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(C) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters.
(D) Control filling, grading, dredging, and other development which may increase erosion or flood damage.
(E) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
(F) Make federal flood insurance available for structures and their contents in the county by fulfilling the requirements of the National Flood Insurance Program.
(Ord. 04-2008, passed 6-24-08; Am. Ord. 02-2012, passed 4-24-12; Am. Ord. 07-2016, passed 8-23-16)
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